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disability or workmans comp

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breilly

Junior Member
:confused: In July of 2004, I sent an E-Mail to my supervisor stating that I was leaving the office at noon. The next day I saw my doctor and told him that I was having problems coping at work. (I have been diagnosed with ‘Major Depressive Disorder’ and under his care since since 1997). He gave me a note for my employer that I was under his care and would be out for 2 weeks. My company requested the family and medical leave paper work and my doctor filled out the paper work stating that my absence would continue due to being too depressed and anxious to work.

. My doctor prepared a statement that it was his opinion that I would benefit from ‘day hospital’ treatment(a requirement for getting STD). and I applied for the company’s short-term disability benefits My company scheduled me to visit with their doctor to confirm my doctor’s diagnosis.

Before this appointment, I filed a harassment complaint, with the company’s HR department, against my supervisor. In the complaint, I stated that my current mental and physical condition (I know, self diagnosis) was due to my supervisor. My company said that since I was injured on the job they would stop the STD claim and subsequently sent me the forms to file Workmans comp. (state of Georgia)

Next, I got an email from my company stating that their investigation did not confirm my harassment claims, my position had been eliminated and that I was terminated. (kind of funny timing to me). Now for the questions.

1. Is this a workman’s comp or STD? I have both the psychological and back muscle pain (a stress pain) that leans to the comp side. Or, is a pre-existing condition leaning towards STD.

2. How do I proceed with a hostile work place (harassment) filing, as I do not believe that they did a good faith investigation.





H
 


Beth3

Senior Member
1. Is this a workman’s comp or STD? I have both the psychological and back muscle pain (a stress pain) that leans to the comp side. Or, is a pre-existing condition leaning towards STD Only the WC carrier/your State's WC Division can make the determination that your current mental health condition is attributable to your job. If they filed the WC claim with their insurance carrier and it was denied, you have the right to file for a hearing with your State's WC Division. Or you can forgoe doing that and pursue the STD claim.

2. How do I proceed with a hostile work place (harassment) filing, as I do not believe that they did a good faith investigation. Before responding to that question, you need to post back and explain exactly WHY you feel your supervisor was harassing you.
 

Arcari

Junior Member
harassed at work

From California
If you believe you were harassed by your supervisor, get an "employment law" attorney, he will evaluate your claim and tell you if you have a case. You can also contact the Equal Rights Advocate at the Advice and Counseling Line at 1-800-839-4372. or check their web page at
http://www.equalrights.org
 

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